2007-3571 OrdinanceORDINANCE NO. 2007-3571
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH,
FLORIDA, AMENDING CHAPTER 82 OF THE MIAMI
BEACH CITY CODE ENTITLED "PUBLIC PROPERTY,"
BY AMENDING ARTICLE IV, THEREOF ENTITLED
"BEACHES," BY AMENDING DIVISION I, ENTITLED
"GENERALLY," BY AMENDING SECTION 82-441
ENTITLED "FISHING FROM VIADUCTS AND BRIDGES"
BY PROHIBITING FISHING IN THE JETTY AREA
BETWEEN 29th AND 33rd STREETS AND IN RESTRICTED
SWIM AREAS IN THE CITY; PROVIDING FOR
REPEALER, SEVERABILITY, CODIFICATION, AND AN
EFFECTIVE DATE.
WHEREAS, the beaches within the City are utilized for various recreational activities
including swimming, sunbathing, and walking by a significant number of visitors and residents
on a daily basis; and
WHEREAS, fishing along the beach in areas which are designated as restricted swim
areas, pursuant to Section 82-467 of the City Code, is an unsafe activity due to the nature of
fishing which includes casting lines and hooks into the water, the presence of bait and discarded
fish parts, and the use of tackle equipment such as hooks, lines, and sharp instruments, all of
which create an unsanitary and dangerous environment for beachgoers and swimmers; and
WHEREAS, fishing in the area of the boulders and rocks that form the jetty between 29th
and 33rd Streets along Miami Beach is unsafe because it is an area frequented by swimmers and
beach patrons who are attracted to the unique shape of the beach and wave patterns in that area;
and
WHEREAS, the Mayor and City Commission of the City of Miami Beach deem it in the
best interest of the health, safety, and welfare of the City's residents and visitors to prohibit
fishing in the area of the jetty between 29th and 33rd Streets and in all other beach areas defined
as restricted swim areas in the City.
NOW, THEREFORE, BE IT DULY ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AS FOLLOWS:
SECTION 1.
That Section 82-441 of Chapter 82 of the Miami Beach City Code is hereby amended as follows:
CHAPTER 82. PUBLIC PROPERTY
Article V. Beaches.
Division 1. Generally.
Sec. 82-441. Fishing from viaducts and bridges:, in the ietty area between 29th and 33ra
Streets, and in restricted swim areas.
It shall be unlawful for any person to fish by use of hook-and-line, seine, net, trap, spear,
gig, or other device from any viaduct or bridge, in the jetty area between 29th and 33r Streets,
and in the restricted swim areas defined in section 82-467 of this Code min the city.
SECTION 2. Repealer.
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 3. Severability.
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect
the validity of the remaining portions of this ordinance.
SECTION 4. Codification.
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it
is hereby ordained that the provisions of this ordinance shall become and be made a part of the
Code of the City of Miami Beach, Florida. The sections of this ordinance maybe renumbered or
re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section,"
"article," or other appropriate word.
2
2007-3571
SECTION 5. Effective Date.
This Ordinance shall take effect the 27th day of October , 2007.
PASSED and ADOPTED this 17th day of Octobe~~ ~ , 2007.
ATTEST:
MAYOR
~..~1,d.-~ David Dermer
CITY CLERK
Robert Parcher
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F:\atto\TURN\ORDINANC\Fishing.doc
3
COMMISSION ITEM SUMMARY
Condensed Title:
An ordinance providing for on shore fishing restrictions at the 29 to 33` Street jetty and in defined
restricted areas,
Key Intended Outcome Supported:
Increase resident rating of public safety services
Supporting Data (Surveys, Environmental Scan, etc.):
Issue:
Shall on shore fishing restrictions be imposed ~
Item Summa /Recommendation:
SECOND READING PUBLIC HEARING
A request has been made through Commissioner Cruz's office to have restrictions placed on fishing from the shore
structure at approximately 32"d Street. The concem expressed was with the safety of persons visiting that area of the
beach or swimming in the vicinity.
The unique construction of the 32"d Street structure attracts fishing interest as well as beach and swimming interests.
The attraction of the two activities to the 32nd Street structure has introduced a conflict that the City has been asked
to address. There are legitimate issues of user safety when both the fishing and beach use/swimming activities are
pursued at the same time. Casting from the shore line and the use of bait to attract fish conflicts with persons in the
area using the beach to swim or sun.
As there are other locations in the area that can support interest in fishing from shore, excluding the activity and
conflict from the 32"d Street area was deemed the most appropriate method to correct the problem. The attached
Ordinance specifically excludes fishing from shore at the 32"d Street area structure.
While the 32"d Street concern was being addressed, the Administration also looked at other possible conflict areas
that might need to be addressed. As such, the Ordinance also includes a provision to restrict shore fishing in the
defined restricted swimming areas on the beach. The combination of the two restrictions will eliminate the conflicts
between fishing and beach use/swimming along the entire beach area.
The government cut jetty is not included or affected with the fishing restrictions.
Adoption of the ordinance on second reading is recommended as a low cost and impact means to address an
existin user conflict on the Ci Beaches.
Advisory Board Recommendation:
Financial Information:
Source of
Funds: Amount Account
OBPI Total
Financial Impact Summary: Limited impact in costs and additional services
Clerk's Office Legislative
Department Director ~ Assis~City Manager ~ City Manager ' ,`~
~~~ ~~~ AGENDA ITEM CSC.
'"~ dATE ~ p_ ~ 7 ~C77
m MIAMIBEACH
City of Miami Beoch, 1700 Convention Center Drive, Miami Beach, Florida 33139, veww.miamibeachN.gov
COMMISSION MEMORANDUM
TO: Mayor David Dermer and Members of the City Commission
FROM: Jorge M. Gonzalez, City Manager
SECOND READING
DATE: October 17, 2007 PUBLIC HEARING
SUBJECT: AN ORDINANCE AMENDING CHAPTER 82 OF THE MIAMI BEACH CITYCODE
ENTITLED "PUBLIC PROPERTY," BY AMENDING ARTICLE IV, THEREOF
ENTITLED "BEACHES," BY AMENDING DIVISION I, ENTITLED
"GENERALLY," BY AMENDING SECTION 82-441 ENTITLED "FISHING FROM
VIADUCTS AND BRIDGES" BY PROHIBITING FISHING IN THE JETTY AREA
BETWEEN 29th AND 33'd STREETS AND IN RESTRICTED SWIM AREAS IN
THE CITY; PROVIDING FOR REPEALER, SEVERABILITY, CODIFICAITON
AND AN EFFECTIVE DATE.
ADMINISTRATION RECOMMENDATION
Adopt the Ordinance.
FUNDING
Costs for signage necessary for the program will be paid from existing operating department
funds.
BACKGROUND
A request has been made through Commissioner Cruz's office to have restrictions placed on
fishing from the shore structure at approximately 32nd Street. The concern expressed was
with the safety of persons visiting that area of the beach or swimming in the vicinity.
Before the construction of the 32"d Street area breakwater/jetty structure, the only structure
along Miami Beach that was used for fishing was the government cut jetty and fishing pier.
Even though the pier has been closed, the government cut jetty still attracts persons for
fishing. The distinction between the 32"d Street structure and the government cut jetty is that
the unique construction of the 32"d Street structure attracts fishing interest as well as beach
and swimming interests. The government cut jetty is more specific to fishing interests.
The attraction of the two activities to the 32nd Street structure has introduced a conflict that
the City has been asked to address. There are legitimate issues of user safety when both
the fishing and beach use/swimming activities are pursued at the same time. Casting from
the shore line and the use of bait to attract fish conflicts with persons in the area using the
beach to swim or sun.
As there are other locations in the area that can support interest in fishing from shore,
excluding the activity and conflict from the 32"d Street area was deemed the most
appropriate method to correct the problem. The attached Ordinance specifically excludes
fishing from shore at the 32"d Street area structure.
While the 32"d Street concern was being addressed, the Administration also looked at other
possible conflict areas that might need to be addressed. As such, the Ordinance also
includes a provision to restrict shore fishing in the defined restricted swimming areas on the
beach. The combination of the two restrictions will eliminate the conflicts between fishing
and beach use/swimming along the entire beach area.
The government cut jetty is not included or affected with the fishing restrictions.
To the extent signage is not sufficient, on site Ocean Rescue personnel can advise visitors
of the regulation and can call for Code Compliance or Police assistance as needed for
support or to cite a person who will not voluntarily comply.
FISCAL IMPACT
The costs of implementing the ordinance that provides for restrictions on fishing from the
shore are anticipated to be minimal. signage at the 32"d Street breakwater/jetty would be
anticipated. As most other areas possibly affected by the ordinance are typically guarded
beaches, the regulation can be communicated directly by the Ocean Rescue personnel on
site as needed. Any required enforcement efforts are to be assumed by existing Police and
or Code Compliance personnel on a complaint basis. As it is anticipated that formal
enforcement will be infrequent as a result of Ocean Rescue intervention, no added direct
expense is expected.
Economic and or tourism impacts are also expected to be minimal if incurred at all. Typically
fishing from the ocean shoreline is not an activity pursued by a large number of tourists and,
likewise, the protected swimming areas of the beach have limited fishing use at this time.
The area most directly impacted is the 32"d Street breakwater/jetty, which as a relatively new
shoreline feature, only has a limited following at this time. Persons using the 32"d Street
breakwater/jetty have many other available opportunities for shore fishing near this area.
The area of the City most heavily used for fishing, the government cut jetty, is not affected by
the new legislation.
CONCLUSION
The Administration recommends adoption of the ordinance as a low cost and impact means
to address an existing user conflict on the City Beaches.
JMG\RCM\sam
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-~ m MIAMI~EACH cin of Mianni B~-cH
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY given that a second reading and public hearings will be held by the Mayor and City Commission of the City of Miami Beach, Florida, in
the Commission Chambers, 3rd floor, Cily Ha11,1700 Convention Center Drive, Miami Beach, Florida, on Wednesday, October 17, 2007, to consider the
following:
10:20 a.m.
An Ordinance Amending Miami Beach City Code Chapter 2, Article III, Division 17 Entitled: "Commission On The Status Of Women" So As To Change Its
Name To "City Of Miami Beach Commission For Women".
Inquiries may be directed to the Legal Department at (305) 673-7470.
0:25 a.m.
~An Ordinance Amending Chapter 82 Of The Miami Beach City Code Entitled "Public Property," By Amending Article IV, Thereof Entitled "Beaches,"By
Amending Division 1, Entitled "Generalty," ByAmending Section 82-441 Entitled "Fishing From Viaducts And Bridges"By Prohibiting Rshing In The Jetty
Area Between 29th And 33rd Streets And In Restricted Swim Areas In The City. _
Inquiries may be directed to the Legal Department at (305) 673-7470.
10:30 a.m.
An Ordinance Amending Ordinance No. 789, The Classified Employees Salary Ordinance Of The City Of Miami Beach, Florida, Providing For The Group IV
Classifications, Those Being The Classfcatons Coyered By The Communication Workers Of America (CWA), Local 3178, In Accordance With The
Negotiated Agreement; Effective In The First Pay Period Ending In Odpber Of 2006, There Shall Be An Across The Board Wage Increase Of Six Percent
(6%), And The Minimum And Maximum Of Each Pay Range Will Also Be Increased By Six Percent (6%); Effectve With The First Pay Period Ending In
October Of 2007, There Shall Be An Across The Board Wage Increase Of Five Percent (5%), And The Minimum And The Maximum Of Each Pay Range Will
Also Be Increased By Five Percent (5%); Effective With The First Pay Period Ending In October Of 2008, There Shall' Be An Across The Board Wage Increase
Of Four Percent (4%); And The Minimum And The Maximum Of Each Pay Range Will Also Be Increased By Four Percent (4%); And Amending The Salary
Ranges Of The Classifications Specified In The Negotiated Agreement; And By Abolishing The Classification Of Water Sernce Representative, And
Establishing The ClasSificafion Of Water Meter Supervisor In Group V, Being Those Classifications Covered By The Govemment Supervisors Association Of
Florida, OPIEU Local 100, (GSAF); By Abolishing The Classification Of Administrative Aide II/Risk Management And Establishing The Class~cafion Of
Storekeeper III, In Group VI, Being Ocher Classifications In The Classed Service Not Covered By A Bargaining Unit.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:30 a.m.
An Ordinance Amending Ordinance No. 1335, The Classified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment Of
Annual And Sick Leave For The Communication Workers Of America (CWA) And "Others" .Classifications In The Classified Services Not Covered By A
Bargaining Unit.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:30 a.m.
An Ordinance Amending Ordinance No.1613,The Unclassified Employees' Leave Ordinance, By Amending The Provisions For Accumulation And Payment
Of Annual And Sick Leave.
Inquiries may be directed to the Human Resources and Risk Management Department at (305) 673-7520.
10:35 a.m.
An Ordinance Amending Ordinance No. 1605, The Unclassified Employees Salary Ordinance, By Abolishing The Classifications Of Arts, Culture &
Entertainment Director, Log Cabin Education Coordinator, Log Cabin Employment Specialist/Job Coordinator, Log Cabin Instructor, Log Cabin Program
Administrator, Log Cabin Driver/InstnrctorAide And Recreation Supervisor II; Establishing The Classifications Of E-Govemment Administrator, Management
Intem, Parks & Recreation Analyst, Senior Administrative Manager, Social Worker Intern And Qualii)v Assurance Officer; Amending The Grade Of Customer
Service Liaison.
Inquiries may be directed to the Human Resources and Risk Management Departure tat (305) 673-7520.
10:40 a.m.
An Ordinance Amending The Code Of The Ciiy Of Miami Beach, Florida, By Amending Chapter 142, "Zoning Districts And Regulations," Article III, "Overlay
Districts," Creating Division 7 Entitled "Cultural Arts Neighborhood District Overlay (CANDO)," By Including "Location And Purpose,"And "Compliance With
Regulations," Including Minimum And Average Unit Size For Rehabilitation And New Construction Projects, Mixed Use Floor Area Ratio (FAR) Incentives
Where Permitted In Order To Accommodate Affordable Housing For Cutlural Arts Workers.
Inquiries may be directed to the Planning Department at (305) 673-7550.
10:45 a.m.
An Ordinance Amending The Land Development Regulations Of fie Code Of The City Of Miami Beach, By Amending Chapter 118, "Administration And
Review Procedures," Article X, "History Preservation", Division 3, "Issuance Of Cert~cate Of Appropriateness/Certificate To Dig/Certificate Of
Appropriateness For Demolition", By Amending Section 118-591 To Modify HistorH; Designation Procedures.
Inquiries may be directed to the Planning Department at (305) 673-7550.
INTERESTED PARTIES are invited to appear at this meeting, or be represented by an agent, or to express their views in writing addressed to the City
Commission, c% the City Clerk, 1700 Convention Center Drive,1st Floor, City Hall, Miami Beach, Florida 33139. Copies of these ordinances are available
for public inspection during normal business hours in the City Clerk's Office, 1700 Convention Center Drive,1st Floor, City Hall, and Miami Beach, Florida
33139. This meeting may be continued and under such circumstances additional legal notice would not be provided.
Robert E. Parcher, City Clerk
City of Miami Beach
Pursuant to Section 286.0105, Fla. Stat., the City hereby advises the publ'~c that: if a person decides to appeal any decision made by the City Commission
with respect to any matter considered at its meeting or its hearing, such person must ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction
or admission of otherwise inadmissible or irrelevant evidence, nor does it author¢e challenges or appeals not otherwise allowed by law.
To request this material in accessible format, sign language interpreters, information on access for persons with disabilities, and/or any accommodation to
review any document or participate in any city-sponsored proceeding, please contact (305) 604-2489 (voice), (305) 673-7218(fTY) five days in advance to
initiate your request. TTY users may also call 71'1 (Florida Relay Service).
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i Ad #452